but it's very murky, with regard to the case law. the longest time that a case has ruled in this is 50 minutes from the time of the arrest, for purposes of questioning someone. he can't speak. they are going to say he can't speak yet, which is why we haven't started the 48-hour period. the goal is to get as much information as possible, i don't think they need what he says for his trial. they need it for intelligence -- >> jamie: evidence. >> one of the limits of the public safety exception is that they can't ask questions that are not related to the imminent danger. >> jamie: they have limited themselves with this route. can they still mirandize him? >> they can. >> jamie: then what? >> then, obviously, he has right to invoke if he wants an attorney or if he wants to remain silent that. hasn't happened yet. >> jamie: i would never second-guess law enforcement. we don't know if he was in a condition to ask any question, bob, would there have been a down side to mirandize him at that point? >> no. what's the worse he says, i don't wan